New Mexico Motion for Supervised Visitations

State:
Multi-State
Control #:
US-03343BG
Format:
Word; 
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Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

New Mexico law requires family courts to consider the desires of children that are 14 or older when determining the appropriate parenting time (visitation). The requirement to consider the 14 year old's desires does not mean that the judge must follow the child's desires.

In New Mexico, if there has been ?a significant and material change in circumstances that warrants a modification of custody, and time-sharing? (in ance with NMSA 1978, § 40-4-9.1.), either parent can file what's called a Motion to Modify Custody and Time-sharing.

New Mexico law assumes that ?joint custody is best for children. Joint custody means that both parents make legal decisions (ie. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them.

Child support or custody/timesharing can be modified in New Mexico by filing a Motion to Modify. The Motion to Modify must demonstrate that a substantial and material change in circumstances has taken place since the existing order was entered.

New Mexico is a 50-50 State.

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

A request can be made for modification of child support orders in New Mexico if there has been a material and substantial change in circumstances. Generally, that means the current Order has been in place for one year and the new calculation is 20% higher or lower than the current amount of support.

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New Mexico Motion for Supervised Visitations